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Goldman v. New York City Housing Authority

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


June 16, 2009

IN RE ESTHER GOLDMAN, PETITIONER-APPELLANT,
v.
NEW YORK CITY HOUSING AUTHORITY, RESPONDENT-RESPONDENT.

Judgment, Supreme Court, New York County (Eileen Bransten, J.), entered December 18, 2007, denying the petition to annul respondent's determination rejecting petitioner's attempt to succeed a deceased public housing tenant as a remaining family member, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Friedman, Nardelli, Buckley, Abdus-Salaam, JJ.

115382/06

The determination that petitioner was not eligible for "remaining family member" status upon the death of the non-related tenant was neither arbitrary nor capricious (see generally Jamison v New York City Hous. Auth., 25 AD3d 501 [2006]). Petitioner was unable to demonstrate that she met several of the requirements outlined in respondent's Management Manual.

We have considered petitioner's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090616

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